So a couple adopted a baby born in Canada. The way I interpreted the law is if a child is born in another country, that baby is born with the citizenship of that country. However, say the parents or birth mother was in that country on US gov’t assignment, then the baby is given US citizenship at birth. (Sometimes dual citizenship too).
But, I’m not seeing how this baby meets that criteria.
“The State Department determined that Kessem Kiviti isn’t a U.S. citizen because Adiel, the only parent with a biological connection to her, hadn’t lived in the U.S. long enough to meet a five-year residency requirement under a provision of the Immigration and Nationality Act, according to the couple’s lawsuit. But the five-year requirement is not meant to be applied to the children of married U.S. citizens, the couple’s lawyers maintained.
Adiel moved to the U.S. in May 2015 and became a U.S. citizen in January 2019. Roee has lived in the U.S. since 1982 and became a U.S. citizen in 2001.”
So a couple adopted a baby born in Canada.
No. One of the men was the actual father of the child. I don't believe the child is adopted.
https://law.justia.com/codes/us/2018/title-8/chapter-12/subchapter-iii/part-i/sec-1401/
I erred at my #20. They are arguing this is the applicable law.
(c) a person born outside of the United States and its outlying possessions of parents both of whom are citizens of the United States and one of whom has had a residence in the United States or one of its outlying possessions, prior to the birth of such person;
Now the metaphysical and legal question becomes was the child born of parents both of whom were citizens? Who donated the egg? Or is the married partner of the father considered, by law, to be the mother? (Geez, I don't want to go there.) Generally, when one member of a married couple has a child, the other member of the couple is considered to be the parent. Does the law assume a dude was the mother?